Bliss, C. J.
— The testator, John Groen, a resident of Winnebago County, Iowa, died November 29,1952, at the age of eighty-two years. On November 25, 1949, he executed his last will and testament,'bequeathing and devising all of his property to Alida Groén, the widow of Dick Groen, a deceased brother of the testator. She died on November 28, 1952, the day preceding the day of the testator’s death, leaving as her only heirs twelve children, who are the proponents of John Groen’s will and appellees herein.
The testator never married. He was survived by no brother or sister. He left as his nearest next of kin several nieces and nephews. Contestant John Troff is the son of a deceased sister. The other contestants are daughters of a deceased brother, Sidney. The proponents are children of his deceased brother Dick, and his wife, Alida, as noted above. The testator was also survived by children of his deceased brother George, but they are not parties to this action.
On December 18, 1952, contestants filed objections to the will on the following grounds: (1) the testator was of unsound mind and lacked testamentary capacity (2) the testator was so under the influence of others that the will was their will, and not his will, and (3) the will was not executed or published as required by the statutes of Iowa. The last ground (3) was withdrawn. During the trial contestants amended their objec[636]*636tions by adding a fourth ground, to wit, that when the will was executed the testator was “79 years of age, in failing physical and mental health, of poor eyesight and could neither read nor write, and was wholly unable to understand or comprehend the contents thereof and did not in fact know, understand or appreciate the contents of said will.”
At the close of contestants’ testimony proponents filed a motion for a directed verdict in their behalf on the ground that contestants had failed to establish any of their objections to the probate of the will. The court then said to the attorneys for proponents: “You may proceed with your argument * * * before you do so, I think I may say that you won’t need to spend any time on that part of the motion relating to unsoundness of mind and lack of testamentary capacity on the date of the execution of the will in question, as I am convinced that such unsoundness of mind or lack of testamentary capacity has not been established sufficiently to permit that issue being submitted to the jury, and that that part of the motion directed to that phase of the case should be and is sustained.” At the conclusion of the argument on the motion, the court said: “Division I of said motion having reference to unsoundness of mind or lack of testamentary capacity of decedent as alleged by contestants is sustained, and the balance of said motion is at this time overruled.”
We are in accord with the conclusion of the able and experienced trial court that the issue of testamentary incapacity justified limited consideration. Many of the 339 pages of the printed record are devoted to testimony on this issue, which is largely of the same nature and repetitious. As too often happens in litigation of this character the testimony of the witness is strongly influenced by his interest.
John Groen came to this country when a boy less than ten years old. Such book education as he received was limited to the lower grades of the schools. There is testimony for contestants that if he could read at all it was not “much.” The same is true of his writing. The only evidence in the record is that he could write his name. Several specimens of his signature in the record are clearly legible. While it may be said that he was an illiterate man, it cannot be said that he was an ignorant [637]*637man. By his industry, thrift and good judgment he acquired a very comfortable competence. He became the owner of an eighty-acre farm in Hancock County, Iowa, just south of the town of Woden, and a quarter section farm in Winnebago County, Iowa, near the town of Buffalo Center, in that county, and the town of Titonka in Kossuth County. He never personally operated these farms but leased them to others. He lived as a bachelor on a ten-acre tract on which he raised some croDs and livestock.
He was a stocky, heavy-set man about five and one-half feet tall, and with advancing years he became very heavy for his height, so much so that his legs and feet troubled him and he had much difficulty in walking, and especially in stepping to a higher or lower elevation. With the aid of a cane or two he could get about slowly on a level surface, but needed help in getting in or out of a vehicle. This disability compelled him to give up his bachelor quarters and he lived about among his relatives in the neighborhood of his farms. For a time he stayed with contestant John Troff, who was a bachelor, and then in the family of contestants Grace Wubben and Henrietta Stratman, and later in the home of Anna Honken, also a contestant. During his later years he made his home with the latter.
Contestant Troff and the contesting nieces and their husbands and children were witnesses in the trial. Their testimony followed the customary pattern in these contests. They told how the testator after 1942 failed physically and mentally, grew neglectful and careless of his person and clothes, forgot where he put his personal articles, misplaced his money pouch and papers, failed to recognize on one occasion a child in one of the families, sometimes repeated his questions after they were answered, was untidy at the table, his sight and hearing failed, had difficulty in controlling his body eliminations, sat around and slept, counted the rungs in the chairs, had to be helped up and down stairs, and in and out of automobiles, and be taken to the bank and to the grain elevators, to the barber, and the banker or they had to come to where he was staying.
The matters covered by this testimony were almost entirely due to physical disabilities and ailments not uncommon in old [638]*638age. There was no evidence that he did not manage his property or 'business affairs or that anyone advised him in these matters. Even the evidence in behalf of the contestants is all to the contrary. He madé a confidant of no one. He was distrustful of others. He kept his business transactions to himself. When anyone surprised him when examining his money wallet or counting money he immediately put it away. He leased his farm land usually on share rent. He attended to the collection of his crop checks at the elevators himself. He did his banking business with his banker at Titonka at the bank or the banker came to where he was staying. His banker testified: that Mr. Groen sometimes asked his advice in bank transactions, but did not always follow it; that he determined for himself when he came to the bank with money how much he would deposit in a certificate, or in his checking account, or would carry away in cash; that he attended to the renewal of his numerous certificates of deposit, and whether he would take the interest in cash or leave- it in the renewed certificates. He usually paid his taxes personally* in cash or by cheeks, some of which were in evidence. He remembered to attend to his income-tax reports. On one occasion he asked contestant Mrs. Wubben to help him in this. Usually he would give the data for his income tax to Mr. or Mrs. Honken with whom he was staying and they would take it to the bank, and Mr. Boyken, president of the bank, or one of his sons would prepare his income-tax reports. This continued during the last years of his life.
There was neither lay nor expert opinion testimony given that the testator was of unsound mind when he made the will, nor at any other time. No such inquiry was directed to the eighteen or more witnesses who testified for contestants. There was no testimony that would support such answer.
I. The essentials of testamentary capacity are that the maker of the will then had the mental capacity: (1) to understand the nature of the instrument he was executing (2) to know and understand the nature and extent of his property (3) to remember the natural objects of his bounty, and (4) to know the testamentary disposition he wished to make. We have so announced from our earliest to our latest decisions, so repetition [639]*639of citations is needless. See Perkins v. Perkins, 116 Iowa 253, 259, 90 N.W. 55; In re Estate of Rogers, 242 Iowa 627, 630, 631, 47 N.W.2d 818; In re Estate of Ransom, 244 Iowa 343, 378, 57 N.W.2d 89, 108. The burden Avas on the contestants to establish that testator was lacking in one or more of these essentials. There is no such evidence in the record.
Though contestants and some of their witnesses testified that the testator had failed mentally during his later years, they gave evidence of no facts to support their opinions. The facts as disclosed by other testimony offered by contestants establish that though old age was taking something from him mentally he continued to attend to important business matters down to his last sickness in his final days. William Boyken, president of the Titonka Savings Bank, for many years was in closer touch with John Groen in a business way than anyone else. The following matters are from his testimony as a witness for contestants: Groen had been a customer of the bank for more than twenty years. He had a safe-deposit box in the bank for a good many years. For many years he used the bank simply' as a place to deposit money on time certificates. He had money on interest at the bank continuously since he became a customer of the bank. He always carried a substantial amount of money on his person. He paid cash for his purchases and other obligations. As long as he was physically able he always came to the bank— “Since that time I have always gone to wherever he was staying to take care of his banking business for him. When he was staying at Honkens I would go to the Honken home and pick' up what he had in the Avay of cheeks or money for deposit in the bank. He would endorse the checks and I would take them with me to the bank. He usually placed the money in the bank on time deposits. He didn’t open up a cheeking account with us until November 28, 1951. I handled the transaction myself. AArhen he opened his checking account with our bank at that time. That was about a year before he died. I never knew of his having any other checking account than the one opened by him in our bank. * * * He had in our bank in certificates of deposit or time deposits, at the time of his death, about $20,000, and on checking account at our bank about $1300. He bought [640]*640some government bonds through our bank and some of these were left at the bank. About $1600 worth maturity Avalué of bonds Avere in the bank for safekeeping and about $5000 worth Avere in his safe-deposit box at the time of his death. I saAV John Groen in the fall of 1952 in the John Honken home before he went to the hospital. I Avas there October 3, 1952, for the purpose of checking up with him and picking up some grain checks he had, and to renew a certificate of deposit. Some certificates of deposit were renewed that day, a little over $14,000 worth. I was back there again about ten days afterward to deliver him the certificates of deposit. He didn’t leave the certificates of deposit with me, but kept them on his person. I was there November 6,1952. That was for the purpose of renewing another certificate of deposit of $2000. That AA'as not the last time I saw him alive, as I saw him at Honkens on the day that he went to the hospital. I transacted no business with him at that time. He was sick. * * The certificate of deposit of November 6, 1952, I don’t belieA>-e was renewed, but I am not positive as -to whether it was a renewal or a new deal.”
The bank ledger sheet of the John Groen checking account and deposit slips show that the certificate of deposit of November 6, 1952, for $2000 was not a renewal, but it was a new deposit, as Mr. Boyken discovered on further investigation. On November 11, 1951, Groen deposited five checks of the Farmers Elevator Company of Woden and Buffalo Center, each payable to him, totaling $1822.72. He took $25 in cash from the bank and opened his checking account as of November 28, 1951, with an initial deposit of the balance of those checks amounting to $1797.72. He wrote checks on the account that were debited to it as follows:
“$179.45 and $7.50 on Jan. 31, 1952 — $125.68 on Feb. 19, 1952
$353.00 on Feb. 23, 1952 — $ 17.14 on May 1, 1952
$ 1.20 on July 23, 1952 — $600.00 on Nov. 5, 1952”
On, October 3, 1952, John Groen deposited six checks payable to himself for a total of $1332.65, of which $1000 was placed in a certificate of deposit, and the balance of $332.65 was credited to his checking account on October 6, 1952. On October 11, 1952, [641]*641Groen deposited a check of the Farmers Elevator Company of Buffalo Center for $279.74. On November 6, 1952, Groen received two cheeks from the elevator company of Buffalo Center payable to him, totaling $2217.04, of which $2000 was placed on a new time-deposit certificate dated November 6, 1952, referred to by Mr. Boyken, and the balance of $217.04 was credited to Groen’s checking account. After Groen’s death, and on December 4, 1952, currency found in his effects to the amount of $528.79 was credited to the checking account. The account was closed after his death by an estate check of $1871.97 on December '26, 1952.
Of these banking transactions Mr. Boyken testified: “I know of my own knowledge the last check of $1871.97 was a check drawn by the administrators of the John Groen estate. The other withdrawals shown were made by John Groen himself in his lifetime. That is also true of the deposits shown on the exhibits. The deposits shown on Exhibit D [bank ledger sheet] were deposits made by John Groen himself during his lifetime.”
The banking transactions shown above, involving substantial sums of money, during the last year of the testator’s life and two years after his last will was drawn, indicate that he was personally managing his farms, collecting his rents, and building up bank assets just as he had been doing for twenty years before, but with better judgment, as he changed to doing business by bank checks instead of by currency.
The check of $600 dated October 14, 1952, drawn by the testator, and payable to John Honken, husband of contestant Anna Honken, has a notation on its face stating “Board to Sept. 26th.” This is of some significance. Contestants in their attack on the will vigorously assert that the testator by his last will disregarded his blood relatives, who had cared for him and in whose homes he had lived, and gave property to a stranger in blood. They did not testify whether they were paid or not paid for services rendered to him, but it would be quite preposterous to infer that the testator was not paying his way.
The testator’s brother Dick Groen and family moved from Winnebago County to Lyon County, Iowa, about 1909. Testator helped them move and assisted in getting them settled. Five of [642]*642the Dick Groen sons testified in substance: that their Uncle John came back in 1910 and 1911 and helped with the farm work. He was out again in 1917 to the funeral of their sister. He came again in 1920. His brother Dick died in 1935, but testator was not at the funeral. The widow continued to operate the farm with the help of her sons George and Carl until they married. The testator visited Dick’s widow and children at the farm in May 1942 and remained until after October 1942. This date is fixed by the fact that the son George was married on October 1, 1942, and the family and others put on a mock wedding on October 5, as a burlesque on the real event, in which Uncle John (testator) took the part of the bride.
The widow was planning to leave the farm and move to Rock Rapids. The testator asked her if the farm was mortgaged and, being told that it was, offered to provide money to pay it, and the widow told him that when she sold the personal property she would have funds to pay the mortgage. She moved to Rock Rapids in 19’43. In 1946 Carl, a son of Dick’s widow, returned from service in the armed forces and the testator came to Lyon County and visited the family for a month or more. The son Carl had rented some farm land, and a group of farmers came with tractors and plows and had a plowing bee and plowed all of his land. The testator was present and discussed farm matters with the men and enjoyed the occasion. In 1948 the body of Dick, another son of the widow, who died in the foreign service, was shipped to Rock Rapids for burial. The testator came to the funeral, and went to Sibley so that he could get a wreath to put on the grave. While on this visit the widow’s brother died and was buried at Titonka. The testator went with her and the family to attend the funeral services, and returned with them to Rock Rapids and remained a month or more. Alida Groen or her children visited John Groen and the other relatives in Winnebago County almost every year.
Contestants introduced in evidence a letter written by Alida Groen to one of the relatives in Winnebago County. The date stamped on the envelope was July 22, 1949. In the letter the writer inquired if and when Uncle John was going to visit her as she wished to give ample notice to one of her roomers to [643]*643vacate a room for Mm. He came to visit her again about the first of September, 1949, and remained until in December of that year. A young lady, Miss Mildred Levering, was rooming and boarding in the Alida Groen home during that time. She was twenty-two years old and was employed as a bookkeeper at the city light plant. She was not related to Mrs. Groen, but became acquainted with her through a granddaughter of the latter. Mrs. Groen and Uncle John Groen (testator) each had a bedroom on the first floor and Miss Levering slept on a studio couch in the parlor. A young man, who later married a granddaughter of Mrs. Groen, who was employed in Eock Eapids, lodged and had his meals in the Groen home during this period. He slept in the basement. Mrs. Groen had a kitchen in the basement where the members of the household ate their meals, except Mr. Groen who was unable to use the stairs. Mrs. Groen brought his meals on a tray to the kitchen on the first floor. Miss Levering sometimes performed this service. She often visited with Mr. Groen and when others were there he joined in the general conversation. He seemed to be most interested in farming and livestock and things connected therewith. He was able to move about the first floor and the front porch, where he often sat. He appeared to be happy and jovial and sometimes sang German songs for them. She never observed anything in his conduct or conversation indicating a poor memory. She saw him eat his meals and had occasion to observe his table manners, and saw nothing that attracted her particular attention in respect to this matter. He always greeted her when she came from work, and sometimes asked her about her work. On Thanksgiving he was a guest at the home of another relative.
With respect to his mentality, she testified: “From my observation and contacts and conversation with John Groen in the fall of 1949 just before and after Thanksgiving of 1949, I would say that John Groen was of sound mind. I would have no reason or occasion to say differently. So far as my observation went, he was not out of the way on anything that he did or said to indicate anything else than that he was of sound mind. '* * * I never heard Alida Groen say anything to John Groen about making a will, nor did she ever say anything to me about it.”
[644]*644The other roomer at the Alida Groen home, Henry Walter, twenty-six, was a witness for proponents. He confirmed the testimony of Miss Levering as to daily life in the Alida Groen home. He testified that: He was at work all day but often visited with Mr. Groen in the evening when they were alone or in general conversation with callers. They were both at the family Thanksgiving dinner in the Dreesen home near Luverne, Minnesota. It appears that it was determined by lot or chance who would buy the turkey. Uncle John was undecided whether to make the trip, but he said when he heard he had to buy the turkey he would go. The witness saw Mr. Groen at the dinner. He usually took him to the barbershop. His clothes were neat and clean. He was laughing and happy and conversed generally with those about him — “There is no doubt in my mind but what he was of sound mind.”
While John Groen was at the Alida Groen home and early in November 1949, Mr. O. J. Kline, fifty-three years old, who had been in the retail grocery and meat business in Rock Rapids, but became connected with the Lyon County State Bank as assistant cashier and farm representative or fieldman about February 1949, called at the Groen home in connection with his duties. Alida Groen had been a customer of the Kline store. She was not a customer of the bank and he called to solicit her business. She obtained a safe-deposit box and opened a checking account in the spring or early summer of 1951.
When he knocked at the door, Mrs. Groen invited him in and said she was going to have a cup of tea and asked him to join her. John Groen was sitting in the living room and she introduced him as her husband’s brother. They shook hands and expressed their pleasure at meeting. She and Mr. Kline passed to the kitchen table and Mrs. Groen poured the tea and then took a cup to Mr. Groen. Kline told Mrs. Groen the purpose of his visit and she said she had papers in the house that should be in a safe-deposit box and she also said she wished to make a will and asked if “someone at the bank couldn’t do it”, or come to the house and do it. Kline told her that Mr. Crawford, vice-president of the bank, would be glad to come to the house and accommodate her. Mr. Groen then said he wished to make a will but it was hard for him to get around, and Kline told him to [645]*645send word to the bank whenever he wished the matter taken care of. About three weeks later, in the forenoon of November 25, 1949, Alida Groen telephoned to Kline that Uncle John Groen would like to see him and Mr. Crawford at the house in the afternoon. When these two men, after banking hours, knocked on the door of the Alida Groen home she called for them to come in, but did not appear. Mr. Kline came in and saw John Groen sitting at the kitchen table, and they walked back and Mr. Kline introduced Mr. Crawford to John Groen, who said: “Oh, this is the man who makes wills?” When told that he was, he said that he wanted to make a will. In answer to questions by Mr. Crawford he said he wished to give all of his property of every kind to his sister-in-law, Alida Groen, of Rock Rapids, in whose home he then was. He said he wished her to be executrix without bond. Mr. Crawford told him that he would go to the bank and type the will and then return. In about a half hour Mr. Kline and Mr. Crawford returned with the typewritten will and read it to Mr. Groen and asked him if he understood it, and he said he did and it was just the way that he wished it to be. John Groen signed the will as testator and at his request C. C. Crawford and O. J. Kline signed as witnesses, all signatures being made in the presence of the three signers.
When the will was executed Mr. Crawford put it in an envelope and handed it to Mr. Groen, who told Mr. Crawford to take it and put it in the bank for safekeeping. It revoked all earlier wills.
Mr. Kline and Mr. Crawford, as witnesses for proponents, testified that in their opinion John Groen was of sound mind when he executed the will. Each of them testified that Alida Groen was not present at any time when the making of the will was discussed by them with Mr. Groen, nor in the afternoon when the will was executed and witnessed.
We find nothing in the record that tends in the slightest way to establish that the testator was of unsound mind or was lacking in any respect in any of the essentials of testamentary capacity when he executed the will offered for probate, and that the trial court ruled correctly in taking'that issue from the jury.
II. In 1942 John Groen was very sick. On March 10 of that year he executed a will that was drawn by William Boyken [646]*646of the Titonka bank. The testator was living in the home of Anna Honken at the time, and her husband, John Honken, and Mr. Boyken witnessed the execution of the will. It gave to John Troff the eighty acres in Hancock County. To the other four contestants, Anna Honken et al., it gave an undivided one-half interest in the Winnebago County quarter section, and the other undivided half was given to the thirteen children, naming them, of testator’s deceased brother Dick and wife, Alida Groen. The nieces and nephews in each group were to share equally. The remainder of his property was given one third to John Troff, one third to Anna Honken et al., children of his brother Sidney shared equally, and one third to the children of his brother Dick, with equal shares. Boyken was named executor. The children of testator’s deceased brother George were not beneficiaries. The will was given to Mr. Boyken to be kept in the bank, but some years later the testator withdrew it from the bank, which may have been after the contested will was drawn, and after his death it was found in the pocket of one of his jackets, with the envelope opened.
Contestants argue that the revocation of the earlier will and the provisions of the second indicate undue influence in the execution of the latter will, but this is only conjecture. There is no evidence, of any substance, to support the objection- that the execution of the proffered will was improperly induced by Alida Groen or by anyone else, and was not his own will and just as he wished and intended it to be. Contestants stress the fact that he never told any . of them of the execution of the will of November 1949. It was reasonable and natural that he did not do so. He was living among them and wished no discussion or controversy over the matter.
III. One witness testified that while testator was living with John Troff between 1942 and 1947, he told him “that Troff was to have the eighty acres, but he didn’t say a word as to what he was going to do with the other quarter.” Another witness testified that in 1947 or 1948, while waiting for a silage cutter to be repaired he had a casual conversation with John Groen. The witness was asked the leading question, “Did he say anything to you about how he was going to dispose of his property?” [647]*647Answer, “Well, lie said that he had his will all fixed np so Johnny Troff was to get the eighty that he owned, and the others were to get the quarter section. He did not say who the others were. He said that was the way he wanted it to be. I ivas not interested particularly in the matter.”
Frequently in litigation of this kind, witnesses testify to declarations of this type. Courts should and do consider them with care and skepticism, because persons, generally, do not make such disclosures in casual chats, particularly those who are as closemouthed about their property and business matters as the testimony of contestants shows John Groen to have been. These remarks, if made, were some years before the execution of the will before us. The testator, if he wished to, of course, had the right to change a prior testamentary disposition of his property. It was his property acquired by his efforts and conserved with thrift. It was his privilege and right to dispose of it as he wished, or thought best.
One witness, husband of a contestant, testified that on John Groen’s return from Bock Bapids in December 1949, he said “they were trying to rob me.” The testator did not specify to whom the word “they” referred, according to the witness. Alida Groen and two of her sons and their wives brought the testator home on this return. There is no evidence that the alleged complaint was made in their presence. There is no evidence that on his return he complained that he had been over-pressured into the execution of the will. The declarations noted above may be considered only when the fact of undue influence has been independently established, and then only as bearing upon the susceptibility of the testator to undue influence, or his capacity to resist it. In re Estate of Johnson, 222 Iowa 787, 798, 269 N.W. 792; Johnson v. Johnson, 134 Iowa 33, 36, 111 N.W. 430; Bates v. Bates, 27 Iowa 110, 113, 1 Am. Rep. 260; Graham v. Courtright, 180 Iowa 394, 404, 161 N.W. 774; In re Estate of Rogers, 229 Iowa 781, 788, 295 N.W. 103; In re Estate of Klein, 241 Iowa 1103, 1117, 42 N.W.2d 593; Muir v. Miller, 72 Iowa 585, 590, 34 N.W. 429; In re Estate of Rogers, 242 Iowa 627, 629, 47 N.W.2d 818; In re Estate of Hadley, 241 Iowa 1280, 1287, 1288, 45 N.W.2d 140.
[648]*648The briefs cite numerous cases involving the sustaining or rejection of motions to direct on issues like those involved herein. The principles of law involved are well recognized. A discussion of them would serve no purpose as the precedents are of little aid because of differences of the facts.
We have carefully studied the record and the briefs and arguments and it is our conclusion that if all of the items of evidence, considered singly or as a whole, be accepted as true, the contestants have failed to establish any objection to the probate of the will.
The judgment is — Affirmed.
Oliver, Wennerstrum, Smith, and Thompson, JJ., concur.
Mulroney, Hays and Larson, JJ., dissent.